Assault trial for 3 Vancouver police officers ends with conflicting versions of events

Bethany Lindsay · CBC News

· Posted: Dec 22, 2023 8:01 PM EST | Last Updated: December 23

Crown counsel and defence lawyers for three Vancouver police constables gave clashing narratives of an arrest that left a suspect with serious injuries as the officers’ assault trial wrapped up on Friday.

Crown prosecutor Peter Campbell told a provincial court judge that video of the arrest confirms all of the numerous punches and knee strikes delivered by Vancouver Police Department constables Brandon Blue and Beau Spencer and now-retired constable Gregory Jackson were excessive and unnecessary.

Defence lawyers, on the other hand, argued they were only taking reasonable measures to bring a resistant man under control, and suggested Crown was being careless with its evidence.

Campbell said that by the time Blue arrived on the scene at the Commercial-Broadway SkyTrain station on May 24, 2017, followed close behind by his partner Spencer and then Jackson, suspect David Cowie had already been brought under control by another officer.

“At that point, Mr. Cowie had been subdued. He was not actively resisting,” Campbell said, describing Cowie as a frail, short man. 

Campbell argued that the video even showed Spencer kneeing Cowie as he was being handcuffed.

Judge Jay Solomon interrupted to ask for clarification, saying that, as he recalled, the location of Cowie’s right hand wasn’t clear in the video at that point.

Spencer’s lawyer, Claire Hatcher, took issue with Campbell’s arguments on that point as well.

“Crown has taken what I would submit is a bit of a casual approach to the evidence, which is troubling,” Hatcher said.

After the takedown, Cowie was treated for four broken ribs — including two that were each fractured in two places — as well as a collapsed lung. 

WATCH | Surveillance video of the 2017 arrest: 

Surveillance video taken at the Commercial-Broadway SkyTrain station on May 24, 2017, shows Vancouver police officers repeatedly punching and kneeing a theft suspect.

The trial has heard evidence from an emergency physician who reviewed video of the arrest and testified that Cowie’s injuries appeared to have been caused by the officers’ knees. The doctor said Spencer was most likely responsible.

Spencer has admitted that at one point, he kneed Cowie three times and punched him three times within just six seconds.

Campbell described the force used by Spencer as an “order of magnitude greater” than either of his co-accused, suggesting he kneed Cowie in the ribs despite being trained to avoid the torso.

Defence says officers didn’t intend to punish suspect

In her closing submissions, Hatcher acknowledged that Spencer was responsible for “the lion’s share” of the blows to Cowie, but said there was no evidence he struck the suspect in the ribs.

Hatcher said the video wasn’t able to convey the signs of resistance the officers were seeing from Cowie, and that Spencer was aiming for Cowie’s thigh and buttocks in an attempt to control his legs.

She said Spencer did not intend to punish or harm Cowie.

“If Const. Spencer had such an intention, he would not be punching a buttock or a thigh … he would be punching a face,” Hatcher said.

In his submissions, Blue’s lawyer, David Jardine, suggested that Crown had failed to prove that any of the officers were responsible for Cowie’s injuries. 

He argued they could have been caused by Const. Josh Wong, who the trial has heard was also investigated by the Independent Investigations Office, a civilian-led police oversight agency, but never charged.

Wong was the officer who originally chased Cowie into the SkyTrain station, where he tackled him to the ground and then punched him before calling for backup. 

Blue was the first to respond to that call, and the video shows him immediately sliding into the suspect with his knee.

Jardine argued that the trial hadn’t heard evidence about Cowie’s physical condition before the arrest, suggesting there could have been pre-existing injuries as well.

As for Jackson, his lawyer, Kevin Westell, said the now-retired officer’s actions should be viewed somewhat separately from the others’.

Jackson was last to arrive on the scene, and unlike Blue and Spencer, he can be seen in the video pausing to assess the situation before grabbing onto Cowie and delivering two quick punches.

“If his intent was to be assaultive, to be punitive, to be unfair, he would have come in and started laying blows right away,” Westell said.

He pointed out that Blue, Spencer and Wong were all young and had worked together for many years responding to emergency calls, whereas Jackson was in his 50s and part of a youth intervention team.

“He’s not out there to crack heads and look for fights. He’s out there driving around with a social worker,” Westell said.

Campbell argued in his submissions that it was Jackson’s duty to determine what force had already been used against Cowie before he began punching.

The trial has now concluded, and a decision is expected on Jan. 12.